True to the New Year spirit, we are beginning 2012 by welcoming a new employee and adopting new processes. Roberta Watson started working for the professional boards on January 4, 2012. Roberta will serve as receptionist and assist the PE Board secretary, Ruby Courtney, with the multitudinous duties of the Engineers Board. One of Roberta's prime duties will be processing and handling applications for reciprocity.

Retired status licenses for engineers and architect emeritus licenses for architects are now available. Currently, only paper applications are available, but one of our goals for this year is to enhance our processes to allow licensees to apply online for the license.

Another exciting change is the implementation of a license/permit portal through which a licensee can print a license on a desktop printer. This new process will allow licensees to obtain the license document much more quickly.

In our last newsletter, we reported that PCS had been engaged to administer the FE and PE exams for Maryland. I'm happy to say that the exams were administered seamlessly in October at the Maryland State Fairgrounds in Timonium. The exam results were received from NCEES in mid-December. A few minor glitches occurred during in-house processing which delayed the release of the results to the candidates. We hope that we have ironed out all those wrinkles and that things will proceed smoothly with the release of the April grades. We apologize if you experienced any inconvenience and thank you for your patience and understanding.

Happy New Year!

DESIGN BOARDS

Severn River Watershed Sediment and Erosion Control Report

by Chris Schein, ASLA, Chair, State Board of Examiners of Landscape Architects

During the 2011 Legislative Session of the Maryland General Assembly, Senator Astle and Delegate Holmes introduced cross-filed bills SB 827/HB 415 intended to align Section 4-308 of the Environment Article, Annotated Code of Maryland with Sections 9-101 and 15-101 of the Business Occupations and Professions Article, Annotated Code of Maryland. In particular, the bill sought to add professional land surveyors and landscape architects to the list of qualified design professionals authorized to certify sediment and erosion control plans within the Severn River watershed. The licensing statutes defining the scopes of practice of licensed Maryland landscape architects and licensed professional land surveyors permit these two design professions to provide certain services within the area known as "minor engineering." Yet, the provisions set forth in the statute promulgated by the Department of the Environment limit that right to exclusively professional engineers if the work is within the Severn River watershed. The bill failed, despite the support of the Joint Chairs and an express letter of support filed by the Board for Professional Land Surveyors.

Policies, laws and regulations affecting the watershed are reviewed by a quasi-government entity known as the Severn River Commission (SRC). The advisory commission was created in 1984 by the Anne Arundel County Council and the Annapolis City Council. The Joint Chairs reached out to the SRC; DLLR staff, along with the board chairs, have been working together to communicate with the SRC to discuss the contradictions between the provisions set forth in the Environment Article and the licensing statutes governing professional land surveyors and landscape architects. The board chairs appeared before the SRC at its regularly scheduled meeting in August, and explored ways to resolve conflicting statutory provisions.

As requested by the SRC, DLLR sent an informational package summarizing the educational, work experience, and examination requirements for professional engineers, professional land surveyors, and landscape architects. The package also included information explaining that both landscape architecture and surveying degree requirements include class instructions and practical training in grading and drainage. In addition, both professional land surveyors and landscape architects must pass respective registration exams which include testing sections for competency in grading, drainage and stormwater management.

The State Boards governing the practices of engineering, land surveying and landscape architecture will closely monitor any future actions taken with regard to the statutory discrepancies between the two Articles. As events unfold, the boards intend to advocate bringing the laws into alignment, and will continue to update licensees on future progress.

Using the FEMA Elevation Certificate in the State of Maryland

by John V. Mettee, III, Prof. LS, Chair, State Board for Professional Land Surveyors

The official "Elevation Certificate," sometimes referred to as a "flood cert" by those in the industry, was created by the Federal Emergency Management Agency (FEMA) as part of the National Flood Insurance Program (NFIP), which now comes under the authority of the U.S. Department of Homeland Security. The expiration date for the current certificate form is March 31, 2012. See www.fema.gov for more information and copies of the Elevation Certificate and the instructions.

The intent of this federal form is to record the elevation information on property, and in particular, the structures situated thereon as they relate to the National Flood Insurance Program. This information is primarily used in three ways: (1) To ensure compliance with community floodplain management ordinances, (2) to determine the proper insurance premium rate, and (3) to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).

Section D of the Elevation Certificate form provided by FEMA identifies "Surveyor, Engineer, or Architect" as a design professional qualified to seal and sign the certificate. Both the certificate and the instructions state that "this section of the Elevation Certificate may be signed by only a land surveyor, engineer, or architect who is authorized by law to certify elevation information." It must also be noted that "Section C - Building Elevation Information (Survey Required)" of the Certificate requires that the professional indicate whether the building elevations are based on (a) construction drawings, (b) building under construction, or (c) finished construction. In the event the elevations are based on either the construction drawings or the building is still under construction, the form provides that a New Elevation Certificate must be filed when construction of the building is complete.

In the last several months, both the Surveyors Board and the Professional Engineers Board have received inquiries from design professionals asking whether a professional engineer is authorized to sign and seal this form. Both Boards agreed that they do not have jurisdiction over the regulations promulgated by the Federal government or the forms they create. However, they do regulate the design professionals in the State of Maryland. The form indicates that "this section of the Elevation Certificate may be signed by only a land surveyor, engineer, or architect who is authorized by law to certify elevation information." As licensing boards regulating the practice of professional engineering and the professional land surveying, respectively, the Engineers Board and the Land Surveyors Boards agreed that while an engineer may sign and seal the FEMA Elevation Certificate when the elevations are based on "construction drawings," it is within the sole authority of the professional land surveyor's license to sign and seal the Certificate when it involves the elevation measurements (Section C of the FEMA form specifically refers to the requirements of "a field survey.")

At the September 7, 2011 Design Boards' Joint Chairs meeting, the Chairs reiterated their position to the representatives of the Public Works Division of Baltimore County who attended the meeting and participated with the Chairs in dialogue regarding this subject matter. The Chairs further reminded them of the procedure established by the Overlapping Practice Guide and encouraged local permit officials to utilize it. To obtain a copy of the Guide, please email your request to Executive Director Pamela Edwards.

County Officials Required to Check for Correct Titleblock Certifications

The Board for Professional Engineers has recently been alerted to the fact that some county building officials in Maryland continue to accept building permit documents bearing an engineer's seal that has expired. Please be advised that responsibility lies not only with licensed engineers to ensure their seals reflect an active license, but with the county building officials who review and accept the documents submitted to them.

§14-403(b) of the Maryland Professional Engineers Act expressly states that "A public authority may not accept any engineering plan, specification, or report unless the document is endorsed as required under subsection (a) of this section." By regulation, the title block has been required to include the engineer's license expiration date since July 2007. See COMAR 09.23.03.10. Therefore, code officials are prohibited from issuing building permits if they see that the engineer's title block contains an expired date on his or her license.

It has also come to the attention of the Board for Professional Land Surveyors that some county building officials are requiring surveyors to put wording on plans that is not required by the State. The confusion may be occurring because building officials have been citing earlier proposed regulations, and not as they became promulgated in final form.

The Board originally proposed an amendment to the regulations that would have required surveyors to place a certification statement (commonly called a "titleblock certification") on surveying plans. The proposed amendment was published in the Maryland Register and a public hearing was held. After hearing comments from the public, the Board changed the required language from a statement certifying that the licensee is currently licensed to simply adding the licensee's expiration date on the documents adjacent to the signature and seal. To view the correct titleblock regulations, see COMAR 09.13.06.12(H).

Maryland Delegates Attend Memorable NCEES Meeting

Providence, Rhode Island was the site for 2011's annual meeting of the National Council of Examiners for Engineering and Surveying (NCEES). It marked the 90th meeting of the delegates, but it will probably be remembered more as the year they rode out two extraordinary forces of nature. Convening during the days of August 24-27, attendees found themselves traveling to Providence after a 5.8 magnitude earthquake on the 23rd, and heading home as Hurricane Irene bore down on the East Coast. Maryland delegates who "weathered" the unusual events were Howard (Skip) Harclerode, II, P.E., John Mettee, III, Prof. LS, Steven Arndt, Ph.D., P.E., David Mongan, P.E., Pastor Farinas, P.E., Sallye Perrin, P.E., Tom Orisich, Prof. LS, Assistant Attorney General Milena Trust, Esq., and Executive Director Pamela Edwards.

At the meeting, PE Board Chair Skip Harclerode was installed as NCEES's Northeast Zone Vice President, having been elected to the position in May 2011. He will serve on NCEES's Board of Directors and as the Northeast Zone's Administrative Officer through 2013. Harclerode has been on the Maryland State Board for Professional Engineers since 2003, and served as Vice Chair before his current term as Chair. A licensed engineer since 1978, Harclerode has amassed over 40 years of experience in the field and has been active in over eight statewide and national engineering organizations. He is President and Owner of KDB Engineering, a multidiscipline consulting engineering firm in Phoenix, Maryland.

Actions taken at the annual meeting were centered around NCEES exams and education requirements for engineering and surveying licensure. The new fees for taking NCEES exams were announced and will commence January 2014 when the FE and FS exams switch to a computer-based format. The fees for the FE and FS will be $250, which will include the cost of administering the exams at Pearson Vue testing centers around the state. The fee for the PE and PS exams will be $250, which will not include the cost of administration. In Maryland, the PE exam will continue to be administered in paper format by Professional Credential Services, Inc. (PCS), and the PS will also remain in paper format and administered by the Board for Professional Land Surveyors.

Other actions that were approved include changes to exam administration policies regarding exam violations, a switch to the spring for the PE Industrial exam, an end to the open-book format for the PS exam, and changes to the Model Law regarding the varying educational paths that engineers and surveyors can expect to follow for future licensure. To read more about the actions taken, including the effective dates for changes in key issues, please refer to the news section of the NCEES website.

Boards Respond to Requests for Time Extensions

by Milena Trust, Esq., Assistant Attorney General

The offices of the Design Boards often receive requests from licensees for an "extension of time" to renew their licenses. A number of licensees find themselves in a position of not having the sufficient number of required continuing competency/continuing education credits ("CPC" or "CEU" credits) to renew their individual licenses prior to their respective license expiration dates, and ask their licensing Board for an extension of the time period within which they can renew their licenses.

The Boards certainly appreciate personal and professional challenges that licensees may face that prevent them from accumulating the required CPC or CEU credits. However, it is important to understand that none of the Boards has the authority to extend the term of an individual license. Instead, there are two possible alternatives that may be available to those licensees who (a) inform their respective licensing Board in advance and in accordance with relevant regulations, and (b) enter into an agreed-upon arrangement with the Board:

1. If a licensee is lacking the required hours, the licensee may choose to let the license lapse until he or she completes the CPC or CEU requirements, and then the licensee may apply for a license reinstatement. Depending on the circumstances of the case, the Board may permit such an individual to reinstate a license without payment of a reinstatement fee. We would like to remind you, however, that:

A. Practicing with an expired license is prohibited; and

B. It is also prohibited to certify that the credits were obtained if in fact they were not.

2. Under extraordinary circumstances, or if expressly authorized by the relevant statutory authority, the Boards may authorize a license renewal without compliance or only with partial compliance with the CPC or CEU requirements. Please note that while some Boards have authorized these types of renewals in the past, these were the types of renewals that were either expressly authorized by the licensing statute governing the particular Board, or they involved a very specific set of extenuating circumstances, such as serious health reasons or military duty.

If you encounter difficulties meeting the CPC/CEU requirements, please contact your Board as early as possible. The Boards are always willing to work with you, but their ability to help you is significantly reduced if there is not sufficient time to reach an alternative solution.

BOARD OF ARCHITECTS

Board Addresses Continuing Competency Bill

by Diane Cho, RA, Chair, State Board of Architects

The Board of Architects would like to share with Maryland architects additional information regarding Senate Bill 109, which was heard by the Senate Education, Health, and Environmental Affairs Committee on February 2, 2011.

This bill would change the existing continuing education provisions governing licensed architects from a very specific set of statutory requirements to a system of continuing competency via regulation. By having the authority to promulgate continuing competency regulations, the Maryland Board of Architects will have the flexibility necessary to implement evolving national continuing education standards.

For example, in 2011, NCARB changed its existing continuing education standard and recommended that all State Boards of Architects require 12 continuing education hours in health, safety, and welfare subjects per calendar year as a condition of license renewal. This standard conflicts with current Maryland law whereby 24 continuing education credits must be obtained in a two-year renewal period. The current continuing education structure in Maryland does not permit the implementation of changes suggested by NCARB and may create substantive impediments for Maryland architects seeking reciprocity in other states.

If the bill is successful, the Board intends to create a working group that will be comprised of Board members, industry representatives, educators and stakeholders to come up with a draft of meaningful continuing competency regulations that will address the concerns of all interested groups.

BOARD FOR PROFESSIONAL ENGINEERS

Society Welcomes New Licensees

The Maryland Society of Professional Engineers (MDSPE) held its Professional Engineers Award Night at The Engineers Club in Baltimore on September 29, 2011. The biannual event welcomes each new class of engineers to the profession and honors other Maryland engineers for exemplary service and dedication to the profession. The Guest of Honor and Keynote Speaker was Jay Sakai, P.E., Director of the Maryland Department of the Environment Water Management Administration. Board Member and former recipient of MDSPE's Meritorious Service Award, David Mongan, P.E., F.ASCE and Mr. Sakai presented the new engineers with their licenses. Congratulations, new Professional Engineers!

Structural Exam Available in April 2012

The Structural Exam is now available to Maryland candidates beginning with the April exam administration. The Structural Exam is comprised of two components---- Vertical Forces and Lateral Forces. You must pass both sections before you can be licensed as a Maryland Professional Engineer. Maryland does not license by discipline and there is no designation for Structural Engineer. To learn more about the Structural Exam, visit the NCEES website.

BOARD FOR PROFESSIONAL LAND SURVEYORS

Applying for Your Surveying Firm Permit

In Maryland, if you operate a business as a corporation, partnership or limited liability company that offers land surveying or property line surveying services, you must obtain a firm permit issued by the Board. How long does it take to obtain a firm permit from the State? In these tough economic times, the Board understands that firms don't want to be told that they have to wait any amount of time for paperwork before they can enter into a prospective paying contract. But reality dictates that processing applications and checks, and sending notices and letters through the mail, does not make for instant approvals.

The best way to gauge the timing is to understand the application process. An application for a firm permit may be made online. This route expedites the process and is recommended by Board staff. You can also file a paper application that can be downloaded and mailed to the Board office along with a check for the $100 fee.

Applications must be complete before being submitted to the Board for review. The only piece of supporting documentation needed for a firm permit is a Certificate of Good Standing, which, for Maryland entities, is obtained from the Department of Assessments and Taxation. If your firm is registered in a state other than Maryland, a Certificate of Status must be obtained from the chartering authority of the state of formation.

Once an application is complete, it is reviewed by the Board at its next scheduled meeting, typically the first Wednesday of every month. Finally, Board staff notifies applicants in writing within two weeks as to the acceptance or denial of a permit.

In early November, the National Council of Interior Design Qualification (NCIDQ), the credentialing organization for Interior Designers, met in Alexandria for their Annual Meeting of the Board and State/Provincial Delegates. The meeting fostered a lot of great communication and ideas between all of the major organizations that encompass the Interior Design profession in the US and Canada, from educators and professional organizations to our continuing education council. The profession continually strives to better itself and put further emphasis on Health, Safety and Welfare. To that end, as of the end of the first quarter in 2012, there will be one centralized, web-based system for tracking continuing education for Interior Designers, regardless of their professional affiliations.

On the subject of credentialing, there was a great deal of talk about making IDEP a mandatory step in the credentialing process. NCIDQ is in the final evaluation stages of modifying the current exam structure. Currently, one requires a cumulative of six years of combined education and practice before being eligible to sit for the three-part exam (two parts multiple choice and one part practicum). One of the current multiple choice sections is already geared toward fundamentals, and the modification that may occur will be to allow those after graduating from an accredited school to be able to sit for this portion of the exam only, prior to the completion of the six years of eligibility. The other two portions would then be taken as currently structured. The intent of this restructuring would be to help spread exam costs out for those young professionals but would also help to attract more professionals to this important credential. NCIDQ will also be eliminating the current 40 semester hours of interior design education as a viable path towards credentialing.

Candidates to be Eligible for Earlier Exam Dates

Professions requiring a combination of education and experience for licensure have been trending toward earlier exam dates for some time now. Policy makers, test administrators and educators have agreed that recent graduates should have the opportunity to test on information while it is still fresh in their minds.

With that in mind, NCIDQ has announced that they will soon allow candidates who have completed the required minimum education but not the required work experience to take Section 1 of the NCIDQ Exam. Once the candidates have successfully completed that section, they can continue documenting their experience until they meet the experience requirement for taking Sections 2 and 3. It is important to note that none of the requirements have changed substantively, but that only the process has changed in favor of allowing new graduates to test earlier. Beginning in November 2012, NCIDQ will accept applications for Section 1 to be administered in the spring of 2013.

Of course, candidates who already possess the required experience can continue to apply and sit for the exam in the same manner that it is administered now. All three sections will be available for those candidates at the same time. NCIDQ hopes that the procedural change will engage recent graduates earlier in their careers and encourage them to complete the path to licensure.

BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS

CLARB Urges Exam Candidates to Complete the L.A.R.E. Before September

In anticipation of the transition to computer-based testing for the L.A.R.E., the Council of Landscape Architectural Registration Boards (CLARB) is urging existing exam candidates to finish testing before September 2012. The exam will begin the transition in September, and by December 2012 it will be fully computerized.

The Council believes that completing the L.A.R.E. before the change occurs will benefit candidates who have already begun the process under the existing format in a number of ways. They will not see the cost increase per section that will occur when the exam moves from five to four sections. Also, candidates will ensure that they will receive credit for the sections they have already completed.

CLARB also announced that beginning with the March 2012 Multiple-Choice Administration, the official provider of the L.A.R.E. will be Pearson Vue, an established exam administrator with testing locations in all major metropolitan areas. Utilizing Pearson Vue should enhance consistency, security and convenience in taking the exam.

CLARB has developed a set of tools to explain the transition in detail. Candidates may visit the CLARB website to obtain this information.

In the coming months, Maryland design professionals will see a big change in the way licenses are distributed by the Design Boards. For the first time ever, their licenses will not arrive in the mail. The Department of Labor, Licensing and Regulation is launching a license, registration, permit and certificate portal through which a licensee or firm can print a license or permit on a desktop printer. Look for this new feature to be established in the near future. Detailed information and instructions for use will be forthcoming.

TWO DESIGN BOARDS SEEK NEW MEMBERS

Do you know someone who might be a good candidate for serving on one of the Design Boards? Two of the five Boards are currently seeking to fill vacancies. The Board for Professional Land Surveyors is looking to add one Consumer Member. Also, the Board for Professional Engineers has a vacancy as a result of 2011 legislation that created an additional professional board member. Candidates are appointed by the Governor, and are asked to commit to regular meetings at the offices of the Department of Labor, Licensing and Regulation in downtown Baltimore. The statutory requirements for serving on each board can be found by using the following links:

If you would like more information or want to submit the name of a candidate, please email Executive Director Pamela Edwards.

UPDATE ON EMERITUS/ RETIRED STATUS FOR ARCHITECTS AND ENGINEERS

The Board of Architects and the Board for Professional Engineers are both pleased to announce that the procedures for obtaining an emeritus or retired license in Maryland are now in place. The associated fees have been approved by both boards, and the forms have been produced. The application for an Architect Emeritus license is available as a downloadable Word document at the Board's website. The fee has been set at $68. The application for a Retired Professional Engineer license can be obtained by sending a request to the Board. The fee is $50. We hope to have the online applications available later this year.

Both boards have similar statutory requirements for obtaining the emeritus or retired license status. An applicant must have been a licensed architect or engineer for at least 25 years, of which 5 years must have been in Maryland. The license, once granted, does not need to be renewed. Individuals on retired or emeritus status can reactivate at a later time.

If you are interested in applying for the status, please download the application from your Board's website and refer to the outline of qualifying conditions listed right under the name of the form.

TITLEBLOCKS: DID YOU KNOW?

The Board of Architects was the first of the Design Boards to require its licensees to include a titleblock certification on plans. The regulation became effective in 2003.

PARKER ELECTED TO NAAB BOARD OF DIRECTORS

At the July 2011 meeting of the National Architectural Accrediting Board (NAAB), Maryland Board of Architects member Stephen Parker, AIA, LEED AP was elected to a three-year term on the NAAB Board of Directors. The NAAB serves the architectural profession by developing and maintaining an accreditation system meant to uphold quality assurance standards in architecture education programs. Through their accreditation system, they aim to "enhance the value, relevance, and effectiveness" of the profession, as written in their Vision Statement.

Mr. Parker is President and Co-Founder of Grimm + Parker Architects in Calverton, Maryland and McLean, Virginia. Grimm + Parker is one of the largest design firms in the region, employing more than 75 people. The firm is widely recognized as a leader in community-based and sustainable architecture. Grimm + Parker has been in existence for 39 years, and has received over 180 design awards during that time.

STATE BOARD FOR LAND SURVEYORS PUBLISHES REVISED CPC REGULATIONS

In the December 16, 2011 issue of the Maryland Register, the State Board for Professional Land Surveyors published proposed revised Continuing Professional Competency Regulations. The new draft is a result of many months of deliberation by the Board, and is aimed at improving, expanding, and clarifying both the content areas and the methods of delivery of educational activities contemplated by these regulations.

The Board welcomes your comments, which can be submitted through March 7, 2012. Please either email your comments to Executive Director Pamela Edwards or mail them to the Board's office. The public hearing on the proposed regulations was held on February 1, 2012, at 500 North Calvert Street, Baltimore, MD 21202, 3rd Floor Conference Room. The text of the proposed regulations may be read here.

NCIDQ has requested that state boards send out a reminder to all Certified Interior Designers regarding the need for obtaining current contact information. If you are an NCIDQ Certificate holder, and you haven't received any communications from them in recent memory, they ask that you update your MyNCIDQ account online.

STAFF UPDATES

The Design Boards welcome Roberta Watson as our new Office Secretary.

DISCIPLINARY ACTIONS TAKEN BY THE DESIGN BOARDS

Board for Professional

Engineers

05-PE-17 - Scott Mielke AGREED to a CIVIL PENALTY of $1,500 for violation of §§14-317 and 14-403, Business Occupations and Professions Article, Annotated Code of Maryland, for (a) preparing application, plans and site drawings for reconstruction of revetment and repair of eroded hillside due to the hurricane, based solely on the information supplied by the homeowner; (b) failing to indicate the previous location of the revetment; and (c) preparing plans for work that exceeded pre-hurricane conditions.

07-PE-16 and 07-PE-19 - M. Lee Sutherland AGREED to a FINE of $4000 for violation of §14-502, Business Occupations and Professions Article, Annotated Code of Maryland, for misrepresenting to the public that he was authorized to practice engineering in the State of Maryland.

10-PE-12 - Kendrick Mark Gordon AGREED to a CIVIL PENALTY of $600 for failure to include titleblock certification required by the Code of Maryland Regulations 09.23.03.10D.

10-PE-21 - Joseph Sulesky AGREED to abide with the terms and condition of the Order issued by the West Virginia Board of Professional Engineers in connection with the violation of West Virginia Code of Ethics governing professional engineers.

11- PE- 10 - Emil Germanos AGREED to a REPRIMAND for violation of §§14-317 and 14-504, Business Occupations and Professions Article, Annotated Code of Maryland, for signing and sealing calculations in Delaware with his Maryland PE seal at the time his Maryland PE license had expired.

Board of Architects

11-AR-02 - Thomas J. Reinberg AGREED to a FINE of $500 for violation of§3-603, Business Occupations and Professions Article, Annotated Code of Maryland, for misrepresenting to the public that he was authorized to practice architecture in the State of Maryland.